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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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Hi, I have a problem with the council with regards XXXXX XXXXX

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I have a problem with the council with regards XXXXX XXXXX single small side road which is adjacent to a public highway road and my car was parked there on a statuary of road notice ( sorn ) declaration for the last 3 years, 10 days ago DVLA clamped my car and 2 other cars claiming that this a highway road.

Now this a narrow ally way that has never been serviced, cleaned, lit, regulated or maintained by the council for over 10 years yet they still saying its a public highway road.

We spoke with to the head of highways in the council and he said that it's a public highway but we are not interested in spending anything on it.

He doesn't want to admit that it's an abandoned road or unadapted road.

We need to know how do we challenge this with the council and what is the standards and the regulation to the public highway road.

Please advice as we all going to lose our cars.

Many thanks.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Ignoring that the road may be a little neglected, how do you know that it is not adopted?
Customer: replied 3 years ago.

Hi, thanks for answering.

As I said it has not been serviced at all and it looks very dirty and very dark,
It's just an access to the garages which are in the back a building.

We are only going on what is the council telling us but we don't believe it. So that's why we need to know what is the standard requirement for a public highway.

Many thanks
There is no standard to which a highway must be kept to be a highway. There is no requirement for street lighting offer the surface to be of any particular type.

There are many cobbled streets in disrepair and roads with no lighting throughout the country.

There is a standard which roads must meet before they are adopted by the local authority and thereafter maintained by the local authority which generally applies to new developments but not always. It always applies to a road which the council are taking over but not roads which they already have.

If you visit the highways Department at the local authority you can have a look at a public document called the Gazetter which lists all the adopted roads in the local authority area although sometimes the descriptions particularly of back roads and alleyways can be a little vague.

If this were to go to court, the court would accept the local authority's version of events that this was highway. It does not matter that it is a back road or alleyway

Apart from the Gazetter you can also do a Search of the Index map at the Land registry using form SIM at a cost of 4 pounds which will say whether the area is registered or not and if it is registered what the title number is. Once you have the title number you can get the deeds from the land registry for 3 pounds which will indicate the owner.
Here is the link to the land registry website.!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/to

do the search of the index map you are going to have to do get a large scale plan based upon the ordnance survey and highlight the area you are enquiring about in red. Please note that plan from Google Earth is not sufficient for land registry purposes.

Just because the property is not registered at the land registry does not mean that is not privately owned it just means it is not registered.

All the enquiry at the land registry will do is confirm that it is not owned by the local authority if it is not, it will not confirm that it is, if it is.

Can I clarify anything for you?
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